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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="aboyd" data-source="post: 5078270" data-attributes="member: 44797"><p>Perhaps a more accurate parallel is this. If you were a native citizen of the USA and knew the DMCA law well because you had to deal with it regularly, would you take offense when you saw an amateur botch it? What if that amateur specifically <em>disclaimed knowledge of the law</em> and then got upset with others because they "don't understand the process?"</p><p></p><p></p><p>Except even that is too much. Your letter tells PP you will "educate your users about this fact via posting ourselves on your forums." However, every previous example I can find shows that such education campaigns have to happen on your dime, or on your forums, or with ad space you buy, or with people you contact without violating forum posting rules. There is no US law I know of which says you can impose yourself into a forum for such "education" of its users. The UK has a law which allows someone to reply in the same forum in which they are discussed, so that would <em>kinda</em> give you a right to post in reply to something, if this were in the UK and if any discussion of your product still existed on the forums. But neither are the case. So that whole section of your letter is bogus. He doesn't have to handle this education thing in <em>any</em> way, and doesn't even have to let you on his forum so you can do it yourself.</p><p></p><p>Of course, he <em>could</em> allow you to do it just to be nice to you. However, saying "I'll set my lawyers on you if you don't do this right now!" probably means that PP isn't interested in voluntarily being nice to Lone Wolf.</p><p></p><p>You want to educate people about your product and the proper way to refer to it? Follow the law and buy ads, publish articles, and remember that <em>no one is obligated to give you a platform, at least not in the USA.*</em> Sorry dude.</p><p></p><p>As mentioned in another post, if your IP lawyer disagrees, great, follow his advice. But if he came knocking on my forum's door, I'd refuse until he cited law, because I not only don't believe it exists, I've read certain things that flat-out state it doesn't exist.</p><p></p><p>(I run a forum for writers, and one of the discussion areas is a private section that discusses publishers. That discussion area is closed to publishers so that writers can feel safe talking about those publishers without reprisals. I've had publishers ask and then <em>demand</em> that they get in there so they can butt heads, post rebuttals, and so on. But that would completely undermine the safety of those writers, so there's no way in hell I'd ever say yes, and no publisher has found a law to force me to capitulate yet. I have removed a couple copyright violations, but I can do that without allowing the publisher to come in and "educate" anyone.)</p><p></p><p><span style="font-size: 9px">* Some political ads fall under a law imposing "equal time for the opposing group." But that doesn't apply here.</span></p></blockquote><p></p>
[QUOTE="aboyd, post: 5078270, member: 44797"] Perhaps a more accurate parallel is this. If you were a native citizen of the USA and knew the DMCA law well because you had to deal with it regularly, would you take offense when you saw an amateur botch it? What if that amateur specifically [I]disclaimed knowledge of the law[/I] and then got upset with others because they "don't understand the process?" Except even that is too much. Your letter tells PP you will "educate your users about this fact via posting ourselves on your forums." However, every previous example I can find shows that such education campaigns have to happen on your dime, or on your forums, or with ad space you buy, or with people you contact without violating forum posting rules. There is no US law I know of which says you can impose yourself into a forum for such "education" of its users. The UK has a law which allows someone to reply in the same forum in which they are discussed, so that would [i]kinda[/i] give you a right to post in reply to something, if this were in the UK and if any discussion of your product still existed on the forums. But neither are the case. So that whole section of your letter is bogus. He doesn't have to handle this education thing in [i]any[/i] way, and doesn't even have to let you on his forum so you can do it yourself. Of course, he [i]could[/i] allow you to do it just to be nice to you. However, saying "I'll set my lawyers on you if you don't do this right now!" probably means that PP isn't interested in voluntarily being nice to Lone Wolf. You want to educate people about your product and the proper way to refer to it? Follow the law and buy ads, publish articles, and remember that [i]no one is obligated to give you a platform, at least not in the USA.*[/i] Sorry dude. As mentioned in another post, if your IP lawyer disagrees, great, follow his advice. But if he came knocking on my forum's door, I'd refuse until he cited law, because I not only don't believe it exists, I've read certain things that flat-out state it doesn't exist. (I run a forum for writers, and one of the discussion areas is a private section that discusses publishers. That discussion area is closed to publishers so that writers can feel safe talking about those publishers without reprisals. I've had publishers ask and then [i]demand[/i] that they get in there so they can butt heads, post rebuttals, and so on. But that would completely undermine the safety of those writers, so there's no way in hell I'd ever say yes, and no publisher has found a law to force me to capitulate yet. I have removed a couple copyright violations, but I can do that without allowing the publisher to come in and "educate" anyone.) [SIZE="1"]* Some political ads fall under a law imposing "equal time for the opposing group." But that doesn't apply here.[/SIZE] [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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